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State of Rajasthan - Section

Section 12 in Rajasthan Relief of Agricultural Indebtedness Rules, 1957

12. Records and Returns.

(1)Every Debt Relief Court shall maintain the following registers:-
(i)a register of cases instituted under the Act, in Form Ill:
(ii)the registers mentioned in Appendix C to the General Rules (Civil) with the exception of those listed at Sl. nos. 32, 34, 35, 36, 39, 40, 41, 42, 47, 48, 49, 50, 51, 52, 53, 55, 58, 59, 60, 62, 65, 74, 75, 76, 77, 80, 81, 82, 83, 84, 85, 86, 87, 89, 93, 94, 95 and 96 of the said Appendix: and
(iii)such other registers as the State Government may from time to time, direct the court to maintain.
(2)A consolidated statement giving an abstract of the register in Form III and such other returns as the State Government may from time to time direct, shall be submitted by every Debt Relic' Court to the Secretary to the Government Revenue Department, within three months of the close of every financial year.[Form No. 1] [Sustituted by notification No. F.7 (80) Rev./D/Gr. 1/61, dated 29.12.1961 (Published in Rajasthan Gazette, part IV-C, Ex. Ord. dated 31.12.1962).](See rule 4 )ToThe Court of...................................................................................Subject:— Application under section 5 of the Rajasthan Relief of Agricultural Indebtedness Act, 1957 for abatement or stay of suit or proceedings in civil suit/insolvency proceedings No............ of............ 200............... V/s................... suit for recovery of etc.Sir,I..................S/o............... caste................ resident of.................. Tehsil................. District.............. hereby state as under:—
(a)I am an agriculturist/debtor within the meaning of clause (b)/(cc) of section 2 of the Rajasthan Relief of Agricultural Indebtedness Act, 1957 being a member of a Scheduled Caste/ Scheduled Tribe.
OR
(a)I am the person who brought or made such suit or
petition against.................... S/o...................... Caste................... resident of.................... Tehsil................... District................... who is a debtor as defined in clause (cc) of section 2 of the Rajasthan Relief of Agricultural Indebtedness Act, 1957.
(b)I normally reside at................... Tehsil.................. District....................
(c)The amounts and particulars of all claims outstanding against me/the said debtor including those referred to in section 4 of the Rajasthan Relief of Agricultural Indebtedness Act, 1957, as nearly as ascertainable, and the names and addresses of my/his creditors are as follows:—
S. No. of debt. Name of parentage, caste, residence and full address ofcreditor Amount of debt History of each of debt with particulars of the originalprincipal and rate of interest chargeable Particulars of debts for which the debtor is liable as surety,joint surety or joint debtor Remarks
Principal Interest Total claimed by the creditor Amount if any, admitted by the debtor Amount of debt Nature of liability Name, parentage caste, residence and full address of debtor,joint surety or joint debtor.
1 2 3 4 5 6 7 8 9 10 11
(d)The particulars of my/his property including claims due to me/him are as follows:—
(a)Immovable property including property outside Rajasthan State.
Specification of the property with boundaries where necessary Name of the village with survey nos. Nature of tenure Annual income derived Market value Details of any attach mortgage, lien or charge subsistingthereon Name, parentage, castes, residence and full addresses of theco-shares of the debtor, if any Remarks
Survey No. Area in acres Government assessment
1 2 3 4 5 6 7 8 9 10
(b)Movable property including cash.
S. No. Description Estimated value Place where it may be found Details of pledge, charge or lien thereon Remarks
1 2 3 4 5 6
(c)Claims due.
Name, parentage, caste, residence and full address of theperson from whom the claim is due Amount due Particulars of claims including date of commencement, rate ofinterest whether secured and if so, how etc. Nature of documents evidencing the claim and in whosepossession. Remarks
Principal Interest
1 2 3 4 5 6
(d)[I/The] [Strike out whichever is inapplicable.] Said debtor earn (s) [my/his] [Strike out whichever is inapplicable.] livelihood wholly or mainly from agriculture/rent from agricultural land, I/he being a person mentioned in clause of sub-section (1) of section 46 of the Rajasthan Tenancy Act, 1955/ordinarily engage (s) in agricultural labour/works (s) as an agricultural artisan. The particulars of the agriucltural land/plantation/orchard/cattle, camel, sheep, goats for grazing purposes [held/possessed] [Strike out whichever is inapplicable.] by [me/him] [Strike out whichever is inapplicable.] are—
Name of village with name of Tehsil and District Khewat No. Khatauni No. Khasra No. Area Soil classification Land revenue or rent assessed
1 2 3 4 5 6 7
A certified copy of the Khewat/Khatauni is attached.
(f)An application to the Debt Relief Court under section 6/ 6A Has bee made and admitted and is pending.
I, therefore, hereby apply for abatement/stay of proceedings in the above mentioned suit/insolvency proceedings (to enable me/ him to file an application under section 6 of the Rajasthan Relief of agricultural Indebtedness Act, 1957).An affidavit is attached.Dated................ 200..............Signature of the applicant.][Form No. B.] [Substituted Notification No. F.7(80) Rev.(1))/61/Gr. I. dated 29.12.1961 (Published in Rajasthan Gazette Part IVC. Ex.-Ord., dated 31.3.1962).](See rule 5)ToThe Debt Relief Court.....................................................................................Subject:— Application under section 6 of the Rajasthan Relief of Agricultural Indebtedness Act, 1957.Sir,I...................... S/o................... Caste..............resident of.................. Tehsil................... District......... hereby state as under:—
(a)I am an [agriculturist/debtor] [Strike out whichever is inapplicable.] within the meaning of clause [(b)/(cc)] [Strike out whichever is inapplicable.] of section 2 of the Rajasthan Relief of Agricultural Indebtedness Act, 1957/being a member of Scheduled Caste/ Scheduled Tribe.
OR
(a)I am a creditor/surety] [Strike out whichever is inapplicable.] of................ S/o................. Caste................. resident of............. Tehsil................ District................. who is debtor as defined in clause (cc) of section 2 of the Rajasthan Relief of Agricultural Indebtedness Act, 1957.
(b)I normally reside at................. Tehsil............... District.................
(c)The amounts and particulars of all claims outstanding against me/the aforesaid debtor including those referred to in section 4 of the Rajasthan Relief of agricultural Indebtedness Act, 1957, as nearly as ascertainable, and the names and addresses of my/his other creditors are as follows:—
S. No. of debt Name of parentage, caste, residence and full address ofcreditor Amount of debt History of each debt with particulars of of the originalprincipal the rate of interest chargeable Particulars of debts for which the debtor is livable assurety, joint surety or joint debtor Remarks
Principal Interest Total claimed by the creditor Amount if any, admitted by the debtor Amount of debt Nature of liability Name, parentage caste, residence and full address of debtor,joint surety or joint debtor.
1 2 3 4 5 6 7 8 9 10 11
(d)The particular of [my/his] [Strike out whichever is inapplicable.] property including claims due [me/him] [Strike out whichever is inapplicable.] are as follows:—
(a)Immovable property including property outside Rajasthan State.
Specification of the property with boundaries where necessary Name of the village with survey nos. Nature of tenure Annual income derived Market value Details of any attach mortgage, lien or charge subsistingthereon Name, parentage, castes, residence and full addresses of theco-shares of the debtor, if any Remarks
Survey No. Area in acres Government assessment
1 2 3 4 5 6 7 8 9 10
(b)Movable property including cash
S. No. Description Estimated value Place where it may be found Details of pledge, charge or lien thereon Remarks
1 2 3 4 5 6
(c)claims due.
Name, parentage, caste, residence and full address of theperson from whom the claim is due Amount due Particulars of claims including date of commencement, rate ofinterest whether secured and if so, how etc. Nature of documents evidencing the claim and in whosepossession. Remarks
Principal Interest
1 2 3 4 5 6
(c)1/the said debtor earn(s) [my/his] [Strike out Whichever is inapplicable.] livelihood wholly or mainly from agriculture/rent from [agricultural land] [Strike out Whichever is inapplicable.]. [I/he] [Strike out Whichever is inapplicable.] being a person mentioned in clause of sub-section (1) of section 46 of the Rajasthan Tenancy Act, 1955/ordinarily engage (s) in agricultural [labour/work] [Strike out Whichever is inapplicable.] (s) as an agricultural artisan. The particulars of the agricultural land/ plantation/orchard/cattle, camel, sheep, goats for grazing purposes [held/possessed] [Strike out Whichever is inapplicable.] by me/him are:—
Name of village with name of Tehsil and District Khewat No. Khatauni No. Khasra No. Area Soil classification Land revenue or rent assessed
1 2 3 4 5 6 7
A certified copy of the Khewat/Khatauni is attached.I, therefore, submit this application under section 6 of the Rajasthan Relief of Agricultural Indebtedness Act. 1957 for the determination of my/the said debtor/s debts in accordance with the provisions of the said Act.Dated................. 200..................Signature of the applicant.VerificationI verify that the particulars given in the above application are true to the best of my knowledge and belief.Witnesses